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    END USER LICENSE AGREEMENT

    FOR SEAGATE SOFTWARE

    For the United Kingdom go to \EULA\END USER LICENSE AGREEMENT en-UK.rtf

    G til \EULA\END USER LICENSE AGREEMENTda-DK.rtf for dansk

    , \EULA\ END USER LICENSE AGREEMENT el-GR.rtf

    Ga voor Nederlands naar \EULA\END USER LICENSE AGREEMENT nl-NL.rtf

    For norsk, g til \EULA\END USER LICENSE AGREEMENT nb-NO.rtfPolski przejd do folderu \EULA\ END USER LICENSE AGREEMENT pl-

    PL.rtfPara portugus consulte \EULA\END USER LICENSE AGREEMENT pt-PT.rtf

    . \E ULA\END USER LICENSE AGREEMENT ru-RU.rtfTietoja suomeksi: \EULA\END USER LICENSE AGREEMENT fi-FI.rtf

    Fr svenska klicka p \EULA\END USER LICENSE AGREEMENT sv-SE.rtfTrke iin ltfen uraya gidin: \EULA\END USER LICENSE AGREEMENT tr-

    TR.rtf

    PLEASE READ THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY.

    BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL ORANY PORTION OF THIS PRODUCT (INCLUDING BUT NOT LIMITED TO THE

    SOFTWARE AND FILES (THE SOFTWARE), HARDWARE (HARDWARE),

    DISK(S), CD-ROMS, OR OTHER MEDIA) (COLLECTIVELY THE PRODUCT)YOU AND YOUR COMPANY (LICENSEE) ACCEPT ALL THE TERMS AND

    CONDITIONS OF THIS AGREEMENT. IF YOU ACQUIRE THIS PRODUCT FOR

    YOUR COMPANYS USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZEDREPRESENTATIVE WHO HAS THE AUTHORITY TO LEGALLY BIND YOUR

    COMPANY TO THIS EULA. IF LICENSEE DOES NOT AGREE TO THIS EULA,LICENSEE MAY NOT USE THIS PRODUCT. IF LICENSEE ACQUIRED THIS

    PRODUCT WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE ANDLICENSEE DOES NOT ACCEPT THIS EULA, LICENSEE MAY OBTAIN A

    REFUND OF THE AMOUNT LICENSEE PAID FOR IT IF LICENSEE: (A) DOES

    NOT USE THE PRODUCT AND (B) RETURNS THE PRODUCT WITH PROOF OFPAYMENT TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN

    THIRTY (30) DAYS OF THE PURCHASE DATE.

    1. Ownership. Seagate Technology LLC (Seagate) and its suppliers own the Product

    and all intellectual property rights therein. The structure, organization, and code of the

    Product are the valuable trade secrets and confidential information of Seagate and itssuppliers. The Product is protected by law, including without limitation the copyright

    laws of the United States and other countries, and by international treaty provisions.

    2. Product License. Subject to the terms of this EULA, Seagate grants to Licensee apersonal, non-exclusive, non-transferable, limited license to install and use one (1) copy

    of the Software on one (1) device residing on your premises, internally for the purposes

    described in the Product Documentation. Use of some third party materials included in

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    the Product may be subject to other terms and conditions typically found in a separate

    license agreement or Read Me file located near such materials. Except as expresslystated herein, this EULA does not grant Licensee any intellectual property rights in the

    Product and all rights not expressly granted are reserved by Seagate and its suppliers.

    2.1 Software. Licensee is permitted to make a single copy of the Software strictly forbackup and disaster recovery purposes. Licensee may not alter or modify the Software or

    create a new installer for the Software. The Software is licensed and distributed by

    Seagate for use with its products only, and may not be used with non-Seagate product.

    3. Restrictions. Licensee may not:

    a. Create derivative works based on the Product or any part or componentthereof including but not limited to the Software;

    b. Reproduce the Product in whole or in part;

    c. Sell, assign, license, disclose, or otherwise transfer or make available theProduct in whole or in part to any third party;

    d. Alter, translate, decompile, or attempt to reverse engineer the Product orany part of component thereof, subject to applicable law which permits

    such activity notwithstanding this contractual prohibition;e. Use the Product to provide services to third parties; or

    f. Remove or alter any proprietary notices or marks on the Product.

    4. Updates. If Licensee is receiving an update or an upgrade to, or a new version of, a

    Product, (Update) Licensee must possess a valid license to such previous version in

    order to use the Update. All Updates are provided to Licensee on a license exchangebasis. Licensee agrees that by using an Update, Licensee voluntarily terminates

    Licensees right to use any previous version of the Product. Licensee may continue to

    use previous versions of the Product but Licensee acknowledges and agrees that any

    obligations Seagate may have to support the previous versions of the Product may endupon availability of the Update. Seagate has no obligation to provide support,

    maintenance, Updates, or modifications under this EULA.

    5. NO WARRANTY. THE PRODUCT IS OFFERED ON AN AS-IS BASIS AND

    NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. SEAGATE AND

    ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO

    IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

    PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER

    DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

    IN NO EVENT SHALL SEAGATE OR ITS SUPPLIERS BE LIABLE FOR ANYSPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL

    DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMTED TO, DAMAGES

    FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FORBUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY,

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    FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR

    REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARYOR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY

    RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY

    PART OR COMPONENT THEREOF, OR OTHERWISE UNDER OR IN

    CONNECTION WITH ANY PROVISION OF THE EULA, EVEN IN THE EVENT OFTHE FAULT, TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH

    OF WARRANTY OF SEAGATE OR ITS SUPPLERS, AND EVEN IF SEAGATE OR

    ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT

    LICENSEE MIGHT INCUR FOR ANY REASON WHATSOEVERTHE ENTIRELIABILITY OF SEAGATE AND ANY OF ITS SUPPLIERS UNDER ANY

    PROVISION OF THIS EULA AND LICENSEES EXCLUSVE REMEDY FOR ALL

    OF THE FOREGOING SHALL BE LIMITED AND IN NO EVENT WILL SEAGATEOR ITS SUPPLIERS TOTAL CUMULATIVE DAMAGES EXCEED THE FEES PAID

    BY LICENSEE TO SEAGATE FOR THE PRODUCT.

    8. Indemnification. By accepting the EULA, Licensee agrees to indemnify andotherwise hold harmless Seagate, its officers, employee, agents, subsidiaries, affiliates,

    and other partners from any direct, indirect, incidental, special, consequential or

    exemplary damages arising out of, relating to, or resulting from Licensees use of theProduct or any other matter relating to the Product.

    9. International Trade Compliance. The Software and any related technical data madeavailable for download under this EULA is subject to the customs and export control

    laws and regulations of the United States ("U.S.") and may also be subject to the customs

    and export laws and regulations of the country in which the download is contemplated.

    Further, under U.S. law, the Software and any related technical data made available fordownload under this EULA may not be sold, leased or otherwise transferred to restricted

    countries, or used by a restricted end-user or an end-user engaged in activities related to

    weapons of mass destruction including, without limitation, activities related to designing,developing, producing or using nuclear weapons, materials, or facilities, missiles or

    supporting missile projects, or chemical or biological weapons. You acknowledge that

    you are not a citizen, national, or resident of, and are not under control of the governmentof Cuba, Iran, North Korea, Sudan or Syria, and that you will not download or otherwise

    export or re-export the Software and any related technical data directly or indirectly to the

    above mentioned countries nor to citizens, nationals, or residents of those countries.

    10. General. This EULA between Licensee and Seagate will be governed by and

    construed in accordance with the laws of the State of California without regard to conflict

    of laws principles. The EULA constitutes the entire agreement between Seagate andLicensee and governs Licensees use of the Product, superceding any prior agreement

    between Licensee and Seagate relating to the subject matter hereof. If any provision of

    this EULA is held by a court of competent jurisdiction to be contrary to law, suchprovision will be changed and interpreted so as to best accomplish the objectives of the

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    original provision to the fullest extent allowed by law and the remaining provisions of the

    EULA will remain in force and effect. The Product and any related technical data areprovided with restricted rights. Use, duplication, or disclosure by the U.S. Government is

    subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013

    (The Rights in Technical Data and Computer Product) or subparagraphs (c)(1) and (2) of

    48 CFR 52.227-19 (Commercial Computer Product Restricted Rights), as applicable.The manufacturer is Seagate. Licensee may not assign this EULA, and any attempted

    assignment will be null and void. Seagate, the Seagate logo, and other Seagate names

    and logos are the trademarks of Seagate.